Kartik Balmik@ Bittu vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is the first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail in connection with Crime No.58/2021 registered

at Police Station -Civil Lines District - Jabalpur (M.P.) for the offence under Sections 307, 294, 323 & 34 of IPC and Section 25 of Arms Act.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. He has not committed any offence. It is

further submitted that there is a counter case against the complainant party and there is no criminal antecedent of the applicant. The applicant is in

custody since 08.03.2021 and the trial will take time to conclude. The applicant is permanent resident of District Jabalpur and there is no likelihood of

absconding or tampering with the prosecution evidence by the applicant. On these grounds, prayer is made to enlarge the applicant on bail.

Per contra, learned Panel Lawyer for the State opposes the bail application and prays for its rejection.

Heard rival contentions of the parties and perused the entire material available on record including the case diary.

Keeping in view the entire facts and circumstances of the case and taking note of the allegation against the present applicant and as there is no overt

act of the present applicant, this Court is of the considered view that the applicant may be enlarged on bail. Hence, without commenting on the merits

of the matter, the application is allowed. The applicant - Kartik Balmik @ Bittu is directed to be released on bail upon his furnishing personal bond in

the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance

before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is directed that applicants shall

comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by

the Government with regard to 'COVID-19' before releasing the applicants.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become

ineffective and cancelled without reference to this Bench.

Certified copy as per rules.